In order to use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any applicable laws or regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
Accounts and Registration
To access most features of the Service, you must register for an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SalesTable immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SalesTable or any other user of or visitor to the website due to someone else using your SalesTable account or password as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s SalesTable account or password at any time without the express permission and consent of the holder of that account or password. SalesTable cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
These Terms take effect as of the date you first create an account, or otherwise access or use the Service. The Terms shall continue to be binding for as long as you have a SalesTable account or until Service is terminated in accordance with these Terms. Upon such termination, any amounts owed to SalesTable which accrued prior to such termination will become immediately due and payable.
Subscriptions and Billing
SalesTable generally charges a fee for access to the Service. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes. Before you are charged, you will have an opportunity to review and accept the plan and associated fees.
SalesTable reserves the right to determine pricing for the Service. SalesTable will make reasonable efforts to keep pricing information published on the website up to date. If you cancel your subscription you may forego your current price. If you reactivate at a later date please check www.salestable.ai/pricing for our current pricing. SalesTable may change the fees for any feature of the Service, including additional fees or charges. Quotes provided for the Service are subject to change at any time.
You authorize SalesTable to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by SalesTable. In connection therewith, you will be required to provide a credit card or other payment method accepted by SalesTable, as may be updated from time to time (“Payment Method”). SalesTable will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method.
When you provide a Payment Method, SalesTable may seek a pre-authorization hold prior to your purchase to verify that the Payment Method is valid and has the necessary funds or credit available to cover your purchase.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. SalesTable will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Where applicable, charges for one or more Service may be prorated for any partial month of service. To see your next recurring billing date, log in on the SalesTable website and view your account details.
Cancellation and Refunds
You can cancel your subscription by delivering a notice of cancellation to SalesTable via email (at email@example.com). To avoid being charged for a subsequent Billing Period, such notice of cancellation must be received no later than five (5) business days before your next recurring billing date. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. However, if you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. There are circumstances where SalesTable may provide credits on a case by case basis. The amount and form of such credits, and the decision to provide them, are at SalesTable’s sole and absolute discretion.
On occasion, SalesTable may offer free trials to a particular Service, subject to specific terms explained during your sign-up. You can view details of your free trial on your SalesTable account page. SalesTable reserves the right to determine eligibility for free trials, which may vary based on factors including the Service selected, how recently you redeemed a free trial, and whether the Service is part of a combined offering.
Please note that you will not receive a notice from SalesTable that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription at least three (3) business days prior to the end of your free trial period. Because the Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day. You may cancel your subscription in the manner set forth in the “Cancellation and Refunds” section of these Terms. If you cancel your subscription during a free trial, cancellation may be effective immediately.
You may choose to be billed for, or receive access to, the Service through a third-party, in which case, your billing relationship will be directly with that third-party, additional terms may apply, and Service offerings may be limited. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. SalesTable will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.
Links to Other Sites
SalesTable’s website and/or Service may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under SalesTable’s control, and SalesTable is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Service Use and Limitations
SalesTable will make reasonable efforts to keep the Service operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which SalesTable will use reasonable efforts to provide at least 72 hours prior notice, but in no event fewer than 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
Feedback and Proprietary Rights
SalesTable owns all proprietary rights in the Service and the SalesTable website, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and SalesTable website.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to SalesTable in the course of using the Service or which SalesTable otherwise retrieves or accesses at your direction or with your permission (collectively, your “Content”). Subject to these Terms, you grant SalesTable permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.
You may provide or SalesTable may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant SalesTable a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as SalesTable sees fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that SalesTbale may use any Feedback you provide to improve the Service or to develop new features and services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALESTABLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SALESTABLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER SALESTABLE’S CONTROL (SUCH AS A THIRD PARTY SERVERS). SALESTABLE MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SALESTABLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SalesTable reserves the right to do any of the following, at any time, without notice: (1) to modify or change the Service and/or the SalesTable website, and any applicable policies or terms; and (3) to interrupt the operation of the Service and/or the SalesTable website, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will SalesTable be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SalesTable has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, SalesTable is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, the SalesTable website, and/or any Content, SalesTable’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Service paid in the six months prior to the date of the initial claim made against SalesTable, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold SalesTable, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SalesTable by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms
SalesTable may disclose any information SalesTable has about you (including your identity) if SalesTable determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SalesTable’s rights or property, or the rights or property of users of the Service or visitors to the SalesTable website, including SalesTable’s customers. SalesTable reserves the right at all times to disclose any information that SalesTable deems necessary to comply with any applicable law, regulation, legal process or governmental request. SalesTable also may disclose your information when SalesTable determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that SalesTable may preserve any transmittal or communication by you with SalesTable through the Service or SalesTable’s website, and may also disclose such data if required to do so by law or SalesTable determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SalesTable, its employees, users of the Service or visitors to the SalesTable website, and the public.
SalesTable does not allow Content that promotes or incites harm toward others or that is or can be construed as discriminatory, hateful, or harassing. SalesTable does not permit the distribution of Content that is, in SalesTable’s sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.
You agree that SalesTable may, in its sole discretion and without prior notice, terminate your account and or access to the Service and/or SalesTable’s website if SalesTable determines that you have violated these Terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to SalesTable, for which monetary damages would be inadequate, and you consent to SalesTable obtaining any injunctive or equitable relief that SalesTable deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SalesTable may have at law or in equity.
If SalesTable does take any legal action against you as a result of your violation of these Terms, SalesTable will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SalesTable. You agree that SalesTable will not be liable to you or to any third party for termination of your access to your account, the Service and/or the SalesTable website as a result of any violation of these Terms.
Governing Law; Dispute Resolution
You agree that all matters relating to your account, your use or access to the Service and/or SalesTable’s website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SalesTable and you arising out of or in connection with your use of the Service and/or the SalesTable website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
SalesTable’s operations are run from its location in San Ramon, California USA; other SalesTable matters may be administered and operated from various locations outside the United States. Although the SalesTable website is accessible worldwide, not all features, products or services, referenced, provided or offered through or on the SalesTable website (including “the Service” as defined in these Terms)are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SalesTable reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service offered by SalesTable is void where prohibited. If you choose to access the Service and/or the SalesTable website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any materials from the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and SalesTable with regard to your use of the Service and the SalesTable website, and any and all other written or oral agreements or understandings previously existing between you and SalesTable with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SalesTable, SalesTable will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. SalesTable’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by SalesTable of any provision or any right it has to enforce these Terms, nor shall any course of conduct between SalesTable and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. SalesTable shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2021 SalesTable.AI, Inc. All rights reserved.
Updated by The SalesTable Legal Team on October 16, 2021